All you need for the exam. Detailed SGS Activity notes, alongside exam structures - have this by your side during the open book exam and it will be hard not to get a distinction.
SGS Activity 1 General MCQs
SGS Activity 2 Professional Conduct (5% of module – almost definitely from SGS 1)
Relevant structures
Structure to be applied for PCR Q:
I - Identify the issue that determines whether you can act e.g. misleading the court or
conflict of interest.
P – State the relevant mandatory Principles that apply to resolve the issue
1) Uphold rule of law and proper administration of justice
2) Uphold public trust and confidence in solicitors
3) Act with independence
4) Act honestly
5) Act with integrity
6) Encourage equality, diversity and inclusion
7) Act in best interests of each client
C – Identify the relevant paragraphs in the CCS that must be achieved
D – Discuss and apply the relevant parts of the CCS / LSPN to the facts and conclude
whether you can act or not
In what context are Professional Conduct Issues likely to arise in the exam?
• Can I attend a police station to represent a detainee if asked to do so by a relative / third
party?
• Can I represent more than one defendant on the same case?
• Can I use information from one client’s case if know it will help another client’s defence?
• Can I represent a defendant who has told me he is guilty?
The Criminal Justice System
The criminal justice system is an adversarial system.
Purpose of prosecution: present sufficient admissible evidence to persuade tribunal (either
magistrates or jury) to convict defendant beyond reasonable doubt.
Brief chronology of criminal case:
1. X is arrested, police office must have reasonable grounds
2. X is charged the custody officer + CPS must show that there is sufficient evidence to
provide a realistic prospect of X’s conviction
3. X then enters court system
, 4. X has to enter plea of guilty or not guilty, and then there is allocation of the type of
court X will enter
5. Prosecution opens its cases and calls witnesses.
6. Defence can then make “no case to answer” argument. If succeeds, the case ends. If
not, the case proceeds to trial.
Consideration of evidence
• Admissibility
• Relevance to fact in issue
• Strength
• Credibility
• Weight
Courts
First Instance • There are two courts of first instance: i) the magistrates court and the
Crown Court.
• Magistrates: 3 lay magistrates (justices) called the bench or a full time
district judge (criminal). Magistrates deal with bail, plea, allocation,
trial, admissibility of evidence and sentence.
• Crown Court: Circuit Judge (responsible for all matters except
determining guilt) + Jury. All legal arguments heard voir dire.
Appeal • SC
Courts • Court of Appeal
• Divisional Court
• Crown Court (from magistrates’ court) – circuit judge + 2 lay
magistrates
Where do all criminal cases start?
Magistrates court.
Types of offence
Description Examples
Summary only • Can only be dealt with at a Magistrates court Driving
1. First magistrates’ appearance (funding + bail) Offences,
2. Where guilty plea = sentencing Common
3. Where not guilty plea = Trial (+ case Assault
management hearing) fixed.
• If Court decides that a trial can be tried summarily,
it is possible for D to request an indication of
sentence (s. 20 and s. 20AMCA) – could inform plea.
, Indictable only • Only a Crown court can deal with it. Murder, rape,
1. Usually only one appearance in magistrate’s manslaughter,
court (funding + bail + sending to Crown Court, s robbery
51)
2. Crown Court Appearance (plea + case
management) = Please and Trial Preparation
Hearing
3. Where:
a. Guilty plea = sentence
b. Not guilty plea = trial
• The D will appear at the nearest Crown Court for a
Plea and a Trial Preparation Hearing (within 28 days
of the charge being drafted into indictment)
Either way • Can be dealt with by either a magistrates or a Crown Theft,
(Indictable*) Court Burglary,
1. First magistrates’ appearance (funding + bail) ABH, Affray
2. Where guilty plea = sentencing (Pleas before
venue)
3. Not guilty plea = allocation
• Allocation Guideline: should be tried summarily
unless the outcome would clearly be in excess of
the magistrate’s court’s power.
*What does it mean for a charge to be indictable?
The offence is capable of being tried on indictment and therefore covers both (i) either way
and (ii) indictable only offences.
Sentencing power (s. 224 SA)
Magistrates • One or more summary only offence: Maximum 6 months’
imprisonment
• One either way offence: Maximum 12 months’ imprisonment
• Two or more either way offences: Maximum 12 months’
imprisonment
Crown Court • Depends on the statute
Criminal Procedure Rules
Rule Description
1– • Rule 1.1 – Cases to be dealt with justly – fairly, efficiently and
Overriding expeditiously according to the severity, gravity and complexity of the
Objective case
• Rule 1.2 – Duties of participants in the case =>
, o To prepare and conduct the case in accordance with the
overriding objective
o To comply with all directions of the court; and
§ To inform the court of any significant failure to take
a procedural step
3.2 - Case • Rule 3.2 – court’s duty; Rule 3.2(2):
management: o (a) early indication of the real issues in dispute between the
Court’s duty parties
§ E.g. mistaken identification, consent, admissibility
o (e) – ensuring that evidence, whether disputed or not, is
presented in the shortest and clearest way
§ IDPC contains statements of prosecution witnesses
= becomes clear whose evidence is in dispute
o (f) – discouraging delay, dealing with as many aspects of the
case as possible and avoiding unnecessary hearings
o (g) – encouraging the participants to co-operate in the
progression of the case
§ If client tells solicitor he is not going to attend his
trial, covered by legal professional privilege +
cannot be disclosed to court without consent of
client
§ Court require advocate at case management
hearing to confirm that they have advised D that
trial may go ahead in his absence
3.5 Case • Rule 3.5 – Crown Court + magistrates’ courts have power to issue
management: directions => there are standard directions which may be varied or
parties duty amended at the request of the parties, e.g.: where case allocated to
to assist the summary trial
court. o Crown serve evidence within 28 days of not guilty plea + notice
of intention to introduce D’s bad character / hearsay evidence
o D must within 7 days:
§ Notify Crown and court that witness required to
attend court
§ Notify Court of opposition to application to
introduce D’s bad character within 7 days
o D must serve within 14 days:
§ Defence statement
§ Notice of intention to introduce hearsay evidence
§ Notice of intention to introduce the bad character
of prosecution witness
§ Intention to serve witness statements
o Crown has 14 days in which to make further disclosure
o Any point of law must be identified in skeleton arguments and
authorities at least 21 days before trial
o Both parties must serve a certificate of readiness 7 days before
trial (3.10)
• Rule 3.5(6) – sanctions for failure to comply with directions:
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